Florida Criminal Attorney Blog

TampaBay.com is reporting that last Tuesday’s Weeki Wachee crash that involved a head-on collision between a car and a school bus may result in a DUI charge.

According to the Florida Highway Patrol, Michelle R. Sutton of Spring Hill was allegedly driving a Toyota coupe at a high rate of speed-- weaving in and out of the westbound lane of County Road 550 --- before ultimately colliding head first into the school bus. The bus was carrying about 30 students from Spring Hill’s Westside Elementary at the time of the crash. Sutton was seriously injured in the DUI crash and was taken to Oak Hill Hospital where an ER nurse allegedly found a plastic bag containing about 18 grams of marijuana in Ms. Sutton's shorts pocket.

Because she was being admitted to the hospital, the deputy gave Ms. Sutton a citation and notice to appear in court next month for possession of marijuana instead of arresting her—but the Hernando County State Attorney’s Office has 90 days to file a misdemeanor DUI or 180 days to file a felony DUI with Serious Bodily Injury case, if they choose.

This presents an interesting issue from a constitutional law perspective. Since a nurse—and not law enforcement—found the marijuana on Ms. Sutton, she does not have the same constitutional protections from unlawful searches and seizures as she would if the police had found it at the scene of the accident. Generally under Florida law, the trigger for a constitutional law violation that can result in evidence being suppressed is that some government entity was involved in the seizure. In this case, Ms. Sutton told the nurse she was wearing her boyfriend’s shorts and didn’t know about the drugs in the pocket. Regardless, to sustain a conviction, the burden will still be on the State to prove that Ms. Sutton was under the influence of drugs and/or alcohol to the extent that her normal faculties were impaired.

Continue reading "Driver faces criminal DUI charges in Weeki Wachee bus crash" »

The Ocala Star Banner is reporting that an Ocala man was taken into custody and charged with DUI manslaughter and two counts of DUI with property damage after being involved in a car crash that has left his girlfriend dead. He was arrested after being treated or minor injuries Munroe Regional Medical Center.

According Florida Highway Patrol reports, the accident occurred Tuesday night on U.S. 27. Witnesses told troopers that they saw the driver speeding in the left lane while going around a right-hand curve when he tried to pass a slower-moving vehicle in front of him when and lost control and the car, striking a utility pole. The passenger had to be extracted from the vehicle and was rushed to Munroe Regional, where she was pronounced dead.

Continue reading "Man charged with Marion County DUI manslaughter; girlfriend dead" »

Karen Voyles from the Gainesville Sun is reporting that a Gainesville driver whose license was permanently revoked in November for drunk driving was arrested again for DUI early Wednesday morning. His blood alcohol level was calculated at three times the legal limit.

According to the article, allegedly this is at the very least, the man's fourth DUI. An Alachua County Sheriff’s Deputy noticed a Chevrolet truck veer into the westbound lane of NE 39th Avenue and pulled him over. The driver eventually submitted to a breath test which police records indicate blood alcohol levels of .246 and .254. Under Florida law, a driver is presumed drunk when their blood alcohol level reaches .08.

These are very serious and complicated cases. Under Florida law, a fourth and subsequent DUI charge is a felony punishable up to 5 years in state prison as well as a litany of statutorily-mandatory requirements such as fines, probation, DUI school and the instillation of an ignition interlock device.

Continue reading "Gainesville man arrested for Alachua County DUI...Again." »

The Florida Highway Patrol will be checking out drivers on New Year's Eve at a checkpoint along Highway 90 in Columbia County. In what the FHP calls a "Comprehensive Roadside Sobriety Checkpoint," troopers will be stationed along the highway checking for impaired drivers, people with no license and vehicles that aren't safe.

Firstcoastnews.com says nearly 23,000 alcohol-related crashes happened statewide in 2007. In Columbia County alone, 11 fatal crashes were attributed to alcohol.

Sobriety checkpoints have different constitutional requirements than a traditional stop-- like for example, when a person gets pulled over for speeding. Police are requred to follow strict procedures when implementing a checkpoint and failure to abide by those policies can render a checkpoint stop illegal.

Continue reading "New Years Eve DUI Checkpoint expected in Columbia County " »

The dump truck driver who smashed his rig into an overpass at Interstate 75 and State Road 50 last week will likely not be charged in the incident, the Florida Highway Patrol said Wednesday.

Tampabay.com is reporting that FHP has nearly wrapped up its investigation of the crash involving a Brooksville man who said that the bed of his truck inexplicably started to rise as he passed under the overpass causing him to hit the first and second outside concrete beams that support the I-75 overpass. FHP is still waiting for a report from the state Motor Carrier Compliance Office on the truck's most recent inspection but they have already determined that the driver was not under the influence of alcohol or drugs when he was driving the truck. No one was injured in the the accident.

The Florida Department of Transportation worked quickly to repair the damage to the bridge as more than 40,000 drivers use I-75 at that site each day, while another 19,000 travel along SR 50.

Continue reading "No DUI charges expected in Hernando overpass truck crash" »

Ocala.com reported today on a Marion County Sheriff's deputy's vehicle that was rear-ended in Silver Shores late Wednesday night. The 62-year old man was charged with driving under the influence.

Officials say Deputy Pam Race had stopped at the intersection of Dogwood Road and Baseline Road when Robert Dalton failed to stop and struck Race's vehicle in the back. The deputy was not injured but the damage to her vehicle was estimated at $2,000. Florida Highway Patrol officials said the driver refused to submit to a draw blood or a breath test. Officials detected alcohol on Dalton’s breath and believe he may have been under the influence.

Refusing to submit to a breath test can cause your driver’s license to be administratively suspended as can a DUI arrest—however in some situations these suspensions can be set aside. If you have been arrested for DUI it is imperative that you contact a lawyer promptly as challenges to driver’s license suspensions must be made within 10 days from arrest.

Continue reading "Man charged with DUI after rear-ending Marion County deputy" »

The St. Petersburg Times is reporting that Officer Christopher Sutherlin, accused last week of fleeing an accident in which he was driving drunk, resigned from the police force this week.

According to Florida Highway Patrol reports, last week Sutherlin rear-ended a pickup on U.S. 19 north of Main Street and sped away. The pickup driver followed Sutherlin until he was forced to pull over because of front-end damage to Sutherlin’s car. Early the next morning, Troopers arrested Sutherlin on charges of leaving the scene of an accident and later gave him a Breathalyzer test, which registered blood alcohol levels of 0.148 and 0.151 blood-alcohol level. (Florida law presumes a driver impaired at 0.08.)

Sutherlin is charged with DUI, DUI with personal injury and DUI with Property Damage as well as Leaving the Scene of an Accident. The Times reports that the police department began an internal investigation of the incident, which also involved Officer Joseph Pascalli, who was riding with Sutherlin. Pascalli, who had been part of the department's DUI unit, is now working the midnight shift on patrol.

In a strange twist to the story, Joshua Vitori--who was driving the pickup Sutherlin struck-- is a former Pasco County paramedic who resigned from his job last week as a result of accusations he stole $300 from a patient in his ambulance.

Continue reading "New Port Richey cop resigns after allegedly driving drunk" »

DUI arrests in South Florida are under suspicion as a result of allegations that an Inspector at the Florida Department of Law Enforcement (FDLE), the government agency that oversees the maintenance of Breathalyzer machines, failed to follow protocol when testing faulty machines.

Defense attorneys say it is a scandal that raises questions about thousands of DUI cases in Monroe, Broward and Miami Dade counties, and they are right. According to CBS 4 in Miami, the Breath Test operator, Suzanne Veiga, encouraged police agencies to abort tests on Intoxilyzer 8000 machines that were giving questionable results, would unplug the machine if the inspection was failing, and then plug the machine back in to prevent the machines from reporting the malfunctions to Tallahassee.

The Intoxilyzer 8000 is the only breath test machine approved for use in Florida and there are more than 300 in use statewide.

The whole purpose of the breath testing protocol is to insure that the Intoxilyzers are working correctly and rendering accurate Breath Alcohol Content (BAC) levels. By keeping malfunctioning machines in police stations, this FDLE inspector has jeopardized the prosecution of thousands of DUI defendants, not to mention potentially causing the arrest of innocent people for drunk driving. My guess is that many of these DUI cases will be broken down to Reckless Driving charges or dismissed outright- it will be too hard for State Attorneys to overcome the presumption that the "faulty" Instruments involved in those arrests rendered invalid results, since they were never properly tested by Veiga.

Continue reading " Hundreds of DUIs may be dismissed as a result of DUI Tester not following protocol " »

Josh Poltilove reports on Tampa Bay Online that a Hillsborough County Deputy Sheriff allegedly forged supervisors' signatures on important DUI paperwork on two separate occasions. At least one DUI was dropped by the State Attorney's Office as a result of the forgery.

The Internal Affairs investigation found that the Deputy Sheriff, Justin Speaks, committed six felonies--three counts of forgery and three counts of uttering a forged instrument-- and conduct unbecoming to a member of the Sheriff's Office. The IA report alleges that Speaks forged Sgt. William Porter's name and initials on a DUI report this year and that Speaks previously forged Sgt. Ron Harrison's initials on a different DUI report and Sgt. Richard Figueredo's initials to an HCSO supplement.

Continue reading "DUI dismissed as a result of Sheriff's Office Forgery" »

It was a fashion 911 of sorts. News 4 in Jacksonville reports that a Panama City male probation officer wearing a blond wig, black miniskirt and fishnet stockings was pulled over by law enforcement last week. The "guy"--Ryder Laramore-- also happens to be the son of a public defender.

According to police, several drivers called about Laramore's dangerous driving, and when he was pulled over, a bottle of vodka was sticking out from under his seat. Laramore said he had just left a party but had not been drinking and told police that he was a probation officer and he would lose his job. Bay County officials charged Laramore with DUI, possession of marijuana, possession of methamphetamine and possession of drug paraphernalia.

At this point, losing his job appears to be the least of his worries.

Continue reading "Fashion Emergency: Mini-skirt Wearing Male Officer Charged with DUI " »

Joel Addington of the Baker County Press reported this week that more than two years after Jack Baker III slammed head-on into another vehicle in Glen St. Mary, he was sentenced to six months in county jail and five years probation in exchange for a no contest plea to DUI involving serious bodily injury, a third degree felony.

The DUI crash occurred in May 2006, when Baker, who was 20 years old at the time, crossed the center line on N. CR 125 and struck the van driven by a Julie Michaud of Cuyler. Ms. Michaud suffered life-threatening injuries in the crash, still walks with a severe limp and only recently regained the ability to write with her natural hand.

Mr. Baker’s blood alcohol level measured .066 three hours after the accident and had the case gone to trial The Baker County State Attorney’s Office was prepared to put on expert testimony to establish that at the time of the accident the that the defendant’s alcohol level exceeded the .08 legal limit.

Judge Moseley, who presided over the plea, warned Mr. Baker that if he violates any provision of the probation, he could face between two and five years state prison.

Continue reading "Baker County Man Sentenced in DUI Injury case " »

Over the last two years, countless Florida DUI lawyers from Tampa to Brooksville to Gainesville have argued that the makers of the Intoxilyzer 8000 should have to turn over “source codes” under Florida discovery rules. The Intoxilyzer 8000 is the machine Florida law enforcement uses to test Blood Alcohol Content (BAC) which is run by software—called source codes.

Up until this point, most Florida courts were unwilling to require the Intoxilyzer machines’ manufacturer, CMI, to disclose the source code information to Florida citizens facing criminal prosecution for DUI because the source codes were considered trade secrets, which are protected. This past week however, Judge Deborah Bernini of Arizona, ordered that the source codes, despite CMI and Arizona prosecutors’ arguments to the contrary, are not a trade secrets. According to news reports, the judge based her ruling on a finding that the Florida Breath test machine is not patented, nor are the source codes protected by copyright law.

Results from Florida’s breath testing machines are already not allowed in Tennessee courtrooms because of its perceived unreliability. Hopefully, the State of Florida will take this recent development to do the right thing and either use an alternate breath test machine-- one that is completely transparent with no “secrets”—or discontinues use of the Intoxilyzer 8000 until the source codes are turned over and experts throughout Florida have time to perform a full examination of the machines for reliability.

Continue reading "Florida’s DUI Breath Test Machine Under Attack Again - This Time in Arizona " »

Florida DMV Offices already hold CDL drivers to a high standard – and that standard just got higher.

Starting October 1st, commercial driver license holders convicted of a DUI will be ineligible to drive a commercial vehicle for 12 months after the first conviction and will be permanently suspended after a second conviction. This new rule also applies even if when the DUI was received in a personal vehicle of the CDL holder.

DHSMV already forbids CDL holders from obtaining temporary permits during the DUI Formal Review process. This new rule is just another example of how the State of Florida holds CDL drivers to a higher standard than the other millions of drivers on Florida’s highways.

Continue reading "From Gainesville to Ocala to Tampa - Florida CDL Drivers Beware of New DHSMV Rules" »

Although many-- including those at the Law Offices of Jason M. Melton-- argue that a political candidate’s spouse receiving a DUI over two decades ago is not newsworthy, media coverage of Sarah Palin’s husband’s old DUI does bring to light an interesting topic with respect to DUI convictions.

Unlike most other criminal charges, under Florida law, a DUI or DWI conviction can never be sealed or expunged. The DUI exception was carved out by the legislature for public policy reasons. The reason DUIs are never removed from traffic or criminal histories is because of the charging and sentencing structure used in Florida and around the country. A first DUI will always be treated differently than a second DUI and a second DUI will be treated more harshly than a third DUI and so on and so forth. With that DUI sentencing structure in mind, the legislature wants prosecutors and law enforcement to have easy access to a person’s DUI history and if DUIs are expunged, then judges would not know to sentence repeat offenders harshly and prosecutors would not know when subsequent DUIs should be charged as a felonies.

In addition, the fact that a DUI occurred in the past is only half the story, when the DUI occurred is also important. For example, a second DUI that occurs more than five years from the first is treated differently from a DUI that occurs within the five year period- namely the latter is subject to harsher mandatory sentences.

Continue reading "Republican Vice Presidential Nominee Sarah Palin Answers Questions About Husband’s Old DUI " »

Despite a previous DUI arrest and the Florida media reporting on the exact whereabouts of DUI roadblocks, Jimmy Smith has been arrested for DUI for a second time. Both the DUI and accompanying Possession of Marijuana charge are misdemeanors—however it’s likely that State Prosecutors are aware that Smith’s prior 2001 DUI charge was dropped and will treat this DUI more like a second DUI.

Reports state that Smith was pulled over during a DUI roadblock, which under Florida law, holds law enforcement to higher standards than in a typical DUI arrest. DUI roadblock cases have additional legal requirements because of the driver’s Fourth Amendment right to privacy and protection from unreasonable search and seizures. The fact is, unlike a normal DUI case—where cops are either called to the scene of an accident or stop an individual for a traffic infraction—in a DUI roadblock situation, a driver, for no reason other than traveling on a road, is stopped and questioned momentarily without cause. This police stop triggers constitutional protections that requires the State of Florida to, among other things: (1) show the reasons why they set up a DUI roadblock, (2) establish consistent policy and procedures for the operation of the roadblock, (3) state the goal of the operation, and (4) provide an adequate amount of protection to the citizens, i.e. not stopping every driver that falls upon the roadblock route. The last question is the most scrutinized, as courts and legal scholars have often argued that roadblocks create a chilling effect on citizens’ freedom to travel in the community—a right the U.S Supreme Court has established as a fundamental constitutional right.

If you or a loved one has been charged with DUI, Possession of Marijuana, or have questions about DUI Roadblocks, contact North Florida DUI Attorney Jason Melton immediately at 866-608-5529.

In late December, former Yankee Jim Leyritz was involved in a car crash that left a 30-year old woman dead. Following the crash, Florida law enforcement conducted a DUI investigation and Jim Leyritz was subsequently arrested for DUI Manslaughter.

DUI Manslaughter is a serious criminal traffic charge that can land an individual in Florida State Prison for upwards of 15 years, with a mandatory minimum of three years if convicted. If taken to trial, a Florida jury may ultimately get to see the videotape of his arrest. The video can be watched here, however, I was not overwhelmed with the video as a means to show that Mr. Leyritz was impaired. This video may prove to be a great cross-examination source for Leyritz’ defense team.

Specifically, when watching the tape, I was struck by how composed and smooth Leyritz’ performed the physical sobriety tests. While the media seemed interested in the fact that he showed no emotion when learning of the death of the other driver -- we should remember he will be tried for Driving Under the Influence. Leyritz’s reaction to causing a death is only remotely relevant to show an admission of some sort, not that he responded the way he did to that information. I suspect the judge may entertain a motion to redact that portion of the tape as it really does nothing to show impairment and could only taint the jury.

As to impairment, the case turns on those field sobriety examinations, which he performed well. This evidence, although helpful to the defense, will be countered by State Prosecutors in two ways: (1) His Breath Alcohol Content reading of .14, is well above the legal BAC limit of .08, and (2) under Florida law, a BAC reading over .08 comes with it a presumption of impairment. These are high hurdles for the defense attorneys hired by Leyritz.

Many folks have questions about their DUI arrest and the Law Offices of Jason M. Melton is ready to help. Defending Florida DUI arrests in Brooksville, Gainesville, Ocala, New Port Richey, Inverness, Clearwater, Dade City, Bushnell and everywhere in between.

It appears that Nick Hogan, son of professional wrestler Hulk Hogan, should heed his dad’s advice to say his prayers and eat his vitamins. He is scheduled to be sent to an adult section of Pinellas County jail to serve an eight month sentence in relation to his involvement in a car crash last August that left Hogan’s passenger with brain injuries. The Clearwater Police investigation into the crash revealed Hogan had been drinking the night of the accident.

E! Online reports that Hogan, aka Nick Bollea, made a request last month to be transferred out of the solitary confinement cell where he was housed because he was a juvenile. The Pinellas County Sheriff’s Office spokesperson indicated on Wednesday that the move is scheduled for June 27th, which incidentally is also Hogan’s 18th birthday. After the transfer, he will be housed with other adults who are who have been similarly sentenced.

In May, Hogan plead no contest to Reckless Driving involving Serious Injury, a felony that can subject an adult to upwards of five years in prison. If you have been charged with Reckless Driving or DUI our Tarpon Springs, FL DUI Firm can represent you during your case from start to finish and help you obtain the best Pinellas County Result possible for your case.

According to news reports, the former Gainesville, FL and Alachua County resident was charged with DUI after a traffic stop in Nashville Tennessee, where it was alleged the former UF Gator was speeding and swerved several times. Kearse refused the breathylizer or breath test, but during the criminal investigation, allegedly made an admission to police that he drank one vodka with red bull.

According to reports, a field sobriety test was also conducted but Kearse did not perform to the officer’s satisfaction.

If the stop of Kearse’s vehicle occurred in Gainesville, where Florida Law applies, a Judge would have to determine whether the Police had Probable Cause to believe a traffic infraction had occurred (example – speeding or weaving) OR whether or not the Police had Reasonable Suspicion to believe a crime was occurring (example – DUI)- which could justify the reason for the police pulling over Kearse.

Assuming there is credible evidence that the traffic stop was justified, in order for the DUI Prosecutors to proceed, the State would still need to establish that there was Probable Cause for an arrest for DUI. This could be proven by the “failed” sobriety test, admission of drinking and the alleged bloodshot eyes, slurred speech and smell of alcohol. However, a court can also consider how the tests were conducted, the credibility of the officers testifying and the overall reasonableness of the situation to determine whether the arrest was lawful.

Should this case go to trial it is important to remember that Kearse never gave a breath sample and the potential evidence of impairment will be limited to whatever testimonial evidence the Judge allows the State to offer regarding Kearse's driving pattern, his roadside demeanor and the field sobriety tests that he allegedly failed. The potential sanctions for misdemeanor DUI in Florida are similar to sanctions in Tennessee.

If you have any DUI questions for Gainesville, FL DUI Lawyer Jason M. Melton or need more information about our Recent DUI Results in Alachua County, FL and your rights during a DUI investigation, please contact us now at 1-866-608-5LAW.

According to both Joel Anderson of the St. Pete Times ("Why not DUI? No driver ID’d") and Kyle Martin of the Tampa Tribune ("Sheriff's Office Director Target Of Probe"), the Finance Director of the Hernando County Sherriff’s Office was involved in a single-car accident in Brooksville, Florida after allegedly running several cars off the road while being under the influence of both wine and sleeping pills. However, it should be noted that no sobriety tests were performed.

While the driver potentially faced charges for DUI, DUI property damage, Reckless Driving and Leaving the Scene of an Accident, the Deputy involved in the investigation elected not to go forward due to the unavailability of a “wheel witness”. What does this mean?

In this case, in order to prove DUI, Reckless Driving or even LSA – the State of Florida, represented by the Hernando County State Attorney’s Office, has to prove beyond a reasonable doubt that the defendant was driving at the time of impairment or the alleged criminal act (like for example, driving recklessly or leaving the scene of an accident). The State usually accomplishes this by simply having a witness (“wheel witness”) testify that the defendant was driving or behind the wheel. It can also be proven by what is called “Actual Physical Control.” These situations, commonly referred to as APC cases, usually come in two forms: 1) a defendant is slumped over the wheel in the middle of traffic, the side of the road or in a parking lot, or 2) after an accident.

A DUI conviction can lead to jail, probation and a host of other penalties. Our Brooksville, FL DUI Law Firm can represent you during your case from start to finish and help you obtain the best Hernando County Result possible for your case.